JAMMU, Sept 17: Special Judge Anti-corruption (Additional Sessions Judge) Doda Archana Charak has convicted two Public Works Department (PWD) engineers on corruption charges sentencing them to one year rigorous imprisonment and a fine of Rs 30,000 each.
The convicted officials are Syed Ikhlaq Hussain Peer, then Assistant Executive Engineer (AEE) and Raja Faisal, then Junior Engineer (JE), both posted in the PWD Division Doda at the time of the incident.
According to the prosecution, on July 25, 2011, the duo misused their official positions and entered into a conspiracy to demand a bribe of Rs 45,000 from complainant Hoshiyar Singh in connection with works executed by him under the department.
The demand was accepted by accused Raja Faisal, and upon his disclosure, the bribe money was later recovered from Faheem Shahzada.
After examining both oral and documentary evidence, the court held that the prosecution had proved the case beyond reasonable doubt, establishing that the two officials indulged in criminal misconduct and accepted illegal gratification.
The court ruled that the accused were guilty of offences punishable under Section 5(1)(d) read with 5(2) of the J&K Prevention of Corruption Act, Sections 120-B (criminal conspiracy) and 161 (public servant taking gratification) of the Ranbir Penal Code (RPC)
The defence argued that the accused had been facing litigation for over 13 years, which itself amounted to sufficient punishment. They urged the court to show leniency.
While the court refused to exonerate the accused on grounds of delay, it acknowledged that the prolonged trial, absence of prior convictions and lack of aggravating factors justified a lighter sentence.
“The procedural delays and technicalities of law should not defeat the object of the Prevention of Corruption Act,” the court observed, adding that delay could only be considered while deciding the quantum of punishment.Taking a lenient view, the court sentenced both accused to one year rigorous imprisonment and Rs 10,000 fine under Section 120-B RPC, one year rigorous imprisonment and Rs 10,000 fine under Section 161 RPC and one year rigorous imprisonment and Rs 10,000 fine under Section 5(2) of the J&K Prevention of Corruption Act. All the imprisonments imposed in different sections shall run concurrently, the court added.
